1833.

LAWS OF MARYLAND,

CHAP. 140.

shall be reimbursed all costs and reasonable expenses, ne-
cessarily incurred, to be recovered from the party so refu-
sing or delaying in the same manner as debts of a like
amount are now recoverable.

Or discontinue

Sec. 4. And be it enacted, That in case joint fences are
not made and kept in repair according to the provisions of
this act, it shall also be lawful for the party aggrieved or
likely to be injured, instead of pursuing the remedy above

Notice required

allowed, to discontinue the said fence by giving three
months notice, in manner aforesaid, and in all other cases,
(unless by mutual consent) twelve months notice shall be
required to discontinue any joint fence.

Duty of persons as
sessing damage

Sec. 5. And be it enacted, That whenever any person or
persons shall, under and by virtue of this act or any law
of tbis state, be summoned or called upon to value and as-
sess the damage done upon any enclosed laud in the county
aforesaid, by trespassing live stock of any kind or descrip-
tion whatsoever, the said person or persons so valuing or
assessing the said damage, shall inspect and examine into
the state and condition of the enclosure of the land upon
which the said trespass or damages shall be alledged to
have been done or committed, and if the said enclosures
shall not be good and sufficient, according to the true intent
and meaning of this act, he or they shall not make out any
award, or assess any damages whatever.

This act may be
plead

Sec. 6. And be it enacted, That in all cases af action of
tresspass, quare clausum fregit, or legal process of any
kind, hereatter to be sued out, commenced or prosecuted in
the county aforesaid, to recover damages for trespass upon
lands in said county by any kind or description of live
stock, the defendant or defendants may plead the general
issue, and give the special matter in evidence under this
act, and the plaintiff or plaintiffs, in all and every such suit,
shall be non-suited and mulct in costs, whenever it shall be
clearly proven by legal and competent testimony, that the
lands whereon the said trespass shall be alleged to have
been done or committed, was not enclosed according to the
provisions of this act.